The opinion of the court was delivered by: Honorable Charles R. Breyer Unitedt States District Judge

Date: November 9, 2012 23 Time: 10:00 a.m.

Judge: Hon. Charles R. Breyer 24

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO DISMISS 22

2 and through their undersigned counsel, hereby stipulate and agree, subject to Court approval, to 3 continue the case management conference in this matter and the hearing on Symantec's pending 4 motion to dismiss from November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m. (or 5 such other date and time as the Court may set), so that they may focus their time and other 6 resources on proceeding with a mediation currently scheduled for November 12, 2012. In support 7 of the instant stipulation, the Parties state as follows: 8

Plaintiff James Gross and Defendant Symantec Corporation (collectively, the "Parties"), by

WHEREAS, on August 14, 2012, Plaintiff filed a second amended class action complaint, (Dkt. No. 50); 10 11 complaint, (Dkt. No. 51); 12 13 management conference in this matter for November 9, 2012 at 10:00 a.m.; 14 15 session before John B. Bates, Jr. of JAMS in San Francisco, California on November 12, 2012, in 16 hopes of resolving this matter; 17 18 resolution of this matter, the Parties have conferred and agreed, subject to Court approval, that the 19 hearing on Symantec's motion and the case management conference should be continued from 20 November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m., at which point the Parties 21 will inform the Court of the status of their efforts toward settlement; 22 23 management conference, and the Parties do not seek the relief contemplated herein for any 24 improper purpose. 25 26 27 28

WHEREAS, on August 31, 2012, Symantec moved to dismiss Plaintiff's amended

WHEREAS, the Court has set the hearing on Symantec's motion and an initial case

WHEREAS, the Parties have also agreed and are scheduled to convene a mediation

WHEREAS, to focus their time and other resources on the mediation and potential

WHEREAS, good cause exists to continue the hearing on Symantec's motion and the case 3 currently set for November 9, 2012 at 10:00 a.m. shall be continued to December 14, 2012 at 10:00 4 a.m., or to such other date and time as the Court may set. 5

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